Unsatisfactory performance leads to termination

An employer must clearly indicate that failure to change will result in termination
|Canadian Employment Law Today

In March 1999 Jeff Bandura, a former professional hockey player, was hired to head up Basic Sports Nutrition, a division of Vidamar Holdings Corp. Basic Sports was in the business of developing, marketing and selling sports nutrition food products and vitamins.

Prior to joining Basic Sports Mr. Bandura had several discussions with the president of Vidamar, Adolf Huckschlag, about the terms of his employment. Mr. Bandura provided a written document outlining his proposed terms. Mr. Huckschlag accepted these terms with little comment.

The agreement provided for a two-year term of employment with a base salary of $65,000 per annum plus three per cent commission on Basic’s total gross sales. He also earned an annual contribution to his RRSP of $5,000, a vehicle allowance as well as gas and cellular phone expense. He was to participate in a medical, dental and extended health care plan.